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This entry was published on 2014-09-22
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SECTION 6
No title
Port of Albany 192/25 (POA) CHAPTER 192
§ 6. The commission may make, and cause to be served upon any
municipal or other corporation, or individual, within the district, any
reasonable order which it may determine to be necessary for the proper
development, maintenance and use of the port, relating to the
construction, equipment, repair, maintenance, use and rental of any
dock, wharf, slip, terminal or warehouse owned or leased by such
corporation or individual within the district. With a copy of the order
shall be served a notice specifying a day, not less than ten days after
such service, when such corporation may appear before the commission,
present written objections to the making of the order and be heard on
such objections. If no such objections be filed within the time stated,
or if the order be sustained as the result of such hearing, either in
its original or a modified form, such order shall be final, subject only
to review by a court of competent jurisdiction; but no order staying or
suspending an order of the commission shall be made by any court
otherwise than upon notice and after a hearing; and if the order of the
commission is suspended, the order suspending the same shall contain a
specific finding based upon evidence submitted to the court and
identified by reference thereto that great and irreparable damage would
otherwise result to the petitioner and specifying the nature of the
damage. When an order of the commission shall become final, including
the termination of any court proceeding sustaining the order, or of the
time for beginning such a proceeding if none be brought, if the
corporation or individual shall fail to obey it, or if any municipal or
other corporation or individual shall violate a lawful rule of the
commission, the commission may commence and maintain an action or
proceeding in the name of the Albany port district, in an appropriate
court having jurisdiction, for the purpose of having such disobedience
to an order or violation of a rule prevented or obedience enforced,
either by mandamus or injunction. Such an action or proceeding may be
brought in the supreme court, which shall have jurisdiction to grant
mandamus or injunction or any other relief appropriate to the case.